How Sean ‘Diddy' Combs got off on sex trafficking, racketeering charges after feds built ‘weak' case': experts
Federal prosecutors overplayed their hand in Sean 'Diddy' Combs' bombshell federal trial by building a case based 'more on sensationalism' with 'mobster-like charges' than a solid legal basis — ultimately leading to his stunning acquittal Wednesday on the most serious charges he faced, legal experts told The Post.
Jurors found Combs, 55, not guilty of sex trafficking and racketeering charges, while convicting him on lesser prostitution counts.
The outcome didn't surprise veteran defense attorney David S. Seltzer, managing partner at Seltzer Mayberg, LLC, who said the feds proved that Combs abused women and enjoyed voyeuristic sex, but failed to prove that the mogul's sins and kinks were part of a Mafia-like criminal enterprise.
Advertisement
3 Sean 'Diddy' Combs was acquitted on racketeering and sex trafficking charges Wednesday.
AP
'The government's case was weak from the start,' Seltzer, who wasn't involved in the case, told The Post.
'They tried to put a square peg in a round hole, using mobster-like charges, when all they had were glorified State Court charges.'
Advertisement
3 Prosecutors alleged Combs ran a criminal enterprise.
Getty Images for The Recording Academy
Prosecutors pursued a Racketeer Influenced and Corrupt Organizations Act — or RICO — case against the Bad Boy Records mogul, alleging he used his business empire to conceal sordid crimes, including forcing his girlfriends into degrading, drug-fueled sex romps he dubbed 'freak-offs.'
Defense attorney and former prosecutor Neama Rahmani agreed that the outcome hinged on how prosecutors could prove he ran a criminal enterprise.
'Like I've said all along, this case will come down to racketeering,' Rahmani predicted ahead of the verdict.
Advertisement
'If the government doesn't get a RICO conviction, this will be a huge loss and the most expensive prostitution trial in American history.'
During the sensational two-month trial, Combs' former girlfriends Cassie Ventura and a woman only identified as 'Jane' testified they were coerced into disturbing 'freak-offs' with escorts.
But Nicole Brenecki, a New York trial attorney, said the testimony indicated that Combs' ex-girlfriends appear to have 'willingly taken part in 'freak-offs.''
'Voluntary participation, no matter how controversial, doesn't equal organized crime,' Brenecki said.
Advertisement
The prosecution's case fell apart because it was 'built more on sensationalism than a solid legal basis,' Brenecki opined.
'RICO charges require proof of an ongoing criminal enterprise with coordinated activity by multiple actors, not just deviant parties and disgruntled ex-girlfriends,' she said.
'Add to that the lack of paper trails, cooperating witnesses inside the alleged 'enterprise,' or any clear hierarchy of criminal role, and you're left with smoke, but no fire — and a not guilty verdict follows.'
3 One expert said prosecutors proved Combs had sexual kinks, but not that he ran a Mafia-like organization.
David Schwartz, a New York City-based trial attorney and former prosecutor, agreed that the prostitution charges were the strongest.
'The case was overcharged and the jury got this one exactly right,' Schwartz said.
Combs' defense team, by contrast, 'owned' the bad facts in the case and it 'paid off' for the hip-hop mogul, said Anna Cominsky, a professor at New York Law School.
Advertisement
'This trial was a major gamble and Combs won that bet,' she said.
'Everything is stacked against the defendant going into a federal case, in particular one like this. His attorneys were smart and they owned the bad facts. They fought on the things that mattered and it paid off.'
The federal prosecution office that oversaw the Combs case released a statement Wednesday that 'sex crimes deeply scar victims' — without commenting directly on the verdict.
'Sex crimes deeply scar victims, and the disturbing reality is that sex crimes are all too present in many aspects of our society,' US Attorney for the Southern District of New York Jay Clayton and Special Agent in Charge of the New York Field Office of Homeland Security Investigations Ricky Patel wrote.
Advertisement
'Victims endure gut-wrenching physical and mental abuse, leading to lasting trauma,' the statement added. 'New Yorkers and all Americans want this scourge stopped and perpetrators brought to justice.'
The statement did not directly address the jury's decision to acquit Combs on more serious racketeering and sex trafficking charges and convict him only on lesser prostitution raps.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
28 minutes ago
- Hamilton Spectator
Disgraced former US Rep. George Santos reports to NJ federal prison to serve 7-year fraud sentence
NEW YORK (AP) — Disgraced former U.S. Rep. George Santos reported to a federal prison in New Jersey on Friday to begin serving a seven-year sentence for the fraud charges that got him ousted from Congress. The federal Bureau of Prisons confirmed that the New York Republican was in custody at the Federal Correctional Institution in Fairton, in southern New Jersey. Santos pleaded guilty last summer to federal wire fraud and aggravated identity theft charges for deceiving donors and stealing people's identities in order to fund his congressional campaign. Lawyers for Santos didn't respond to phone and email messages seeking comment. The ever-online Santos, who turned 37 years old on Tuesday, hosted a farewell party for himself on the social media platform X on Thursday night. 'Well, darlings … The curtain falls, the spotlight dims, and the rhinestones are packed,' he wrote in a post afterwards. 'From the halls of Congress to the chaos of cable news what a ride it's been! Was it messy? Always. Glamorous? Occasionally. Honest? I tried … most days.' Santos will serve his time in a minimum security camp at the all-male facility, which also includes a larger medium security prison, according to the Bureau of Prisons. In a Thursday interview , he didn't name the prison where he was serving in sentence, but described the camp setting as a 'big upgrade' from the medium-security lockup he was initially assigned to. Among the other notable inmates serving time at Fairton is Lamor Miller-Whitehead. The Brooklyn preacher, known for his flashy lifestyle and friendship with New York City' Mayor Eric Adams, was sentenced to nine years in prison last year for fraud . In April, a federal judge declined to give Santos a lighter two-year sentence that he sought, saying she was unconvinced he was truly remorseful. In the weeks before his sentencing, Santos said he was 'profoundly sorry' for his crimes, but he also complained frequently that he was a victim of a political witch hunt and prosecutorial overreach . Santos was elected in 2022, flipping a wealthy district representing parts of Queens and Long Island for the GOP. But he served for less than a year and became just the sixth member of the House to be ousted by colleagues after it was revealed he had fabricated much of his life story. During his winning campaign, Santos painted himself as a successful business owner who worked at prestigious Wall Street firms when, in reality, he was struggling financially. He also falsely claimed to have been a volleyball star at a college he never attended and referred to himself as 'a proud American Jew' before insisting he meant that he was 'Jew-ish' because his Brazilian mother's family had a Jewish background. The cascade of lies eventually led to congressional and criminal inquiries into how Santos funded his campaign and, ultimately, his political downfall. Since his ouster from Congress, Santos has been making a living hosting a podcast called 'Pants on Fire with George Santos' and hawking personalized video messages on Cameo. He has also been holding out hope that his unwavering support for President Donald Trump might help him win a last-minute reprieve. The White House said this week that it 'will not comment on the existence or nonexistence' of any clemency request. In media appearances this month, the former lawmaker wasn't shy about sharing his morbid fears about life behind bars. 'I'm not trying to be overdramatic here. I'm just being honest with you. I look at this as practically a death sentence,' Santos told Tucker Carlson during an interview . 'I'm not built for this.' On social media, his recent musings have sometimes taken a dark turn. 'I'm heading to prison, folks and I need you to hear this loud and clear: I'm not suicidal. I'm not depressed. I have no intentions of harming myself, and I will not willingly engage in any sexual activity while I'm in there,' Santos said on X . 'If anything comes out suggesting otherwise, consider it a lie … full stop.' ___ Follow Philip Marcelo at . Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
San Francisco Chronicle
an hour ago
- San Francisco Chronicle
FACT FOCUS: Trump claims cashless bail increases crime, but data is inconclusive
As his administration faces mounting pressure to release Justice Department files related the Jeffrey Epstein sex trafficking case, President Donald Trump is highlighting a different criminal justice issue — cashless bail. He suggested in a Truth Social post this week that eliminating cash bail as a condition of pretrial release from jail has led to rising crime in U.S. cities that have enacted these reforms. However, studies have shown no clear link. Here's a closer look at the facts. TRUMP: 'Crime in American Cities started to significantly rise when they went to CASHLESS BAIL. The WORST criminals are flooding our streets and endangering even our great law enforcement officers. It is a complete disaster, and must be ended, IMMEDIATELY!' THE FACTS: Data has not determined the impact of cashless bail on crime rates. But experts say it is incorrect to claim that there is an adverse connection. 'I don't know of any valid studies corroborating the President's claim and would love to know what the Administration offers in support,' said Kellen Funk, a professor at Columbia Law School who studies pretrial procedure and bail bonding. 'In my professional judgment I'd call the claim demonstrably false and inflammatory.' Jeff Clayton, executive director of the American Bail Coalition, the main lobbying arm of the cash bail industry, also pointed to a lack of evidence. 'Studies are inconclusive in terms of whether bail reforms have had an impact on overall crime numbers,' he said. 'This is due to pretrial crime being a small subset of overall crime. It is also difficult to categorize reforms as being 'cashless' or not, i.e., policies where preventative detention is introduced as an alternative to being held on bail.' Different jurisdictions, different laws In 2023, Illinois became the first state to completely eliminate cash bail when the state Supreme Court upheld the constitutionality of the law abolishing it. The move was part of an expansive criminal justice overhaul adopted in 2021 known as the SAFE-T Act. Under the change, a judge decides whether to release the defendant prior to their trial, weighing factors such as their criminal charges, if they could pose any danger to others and if they are considered a flight risk. Loyola University of Chicago's Center for Criminal Justice published a 2024 report on Illinois' new cashless bail policy, one year after it went into effect. It acknowledges that there is not yet enough data to know what impact the law has had on crime, but that crime in Illinois did not increase after its implementation. Violent and property crime declined in some counties. A number of other jurisdictions, including New Jersey, New Mexico and Washington, D.C., have nearly eliminated cash bail or limited its use. Many include exceptions for high-level crimes. Proponents of eliminating cash bail describe it as a penalty on poverty, suggesting that the wealthy can pay their way out of jail to await trial while those with fewer financial resources have to sit it out behind bars. Critics have argued that bail is a time-honored way to ensure defendants released from jail show up for court proceedings. They warn that violent criminals will be released pending trial, giving them license to commit other crimes. A lack of consensus Studies have shown mixed results regarding the impact of cashless bail on crime. Many focus on the recidivism of individual defendants rather than overall crime rates. A 2024 report published by the Brennan Center for Justice saw 'no statistically significant relationship' between bail reform and crime rates. It looked at crime rate data from 2015 through 2021 for 33 cities across the U.S., 22 of which had instituted some type of bail reform. Researchers used a statistical method to determine if crime rates had diverged in those with reforms and those without. Ames Grawert, the report's co-author and senior counsel in the Brennan Center's Justice Program, said this conclusion "holds true for trends in crime overall or specifically violent crime.' Similarly, a 2023 paper published in the American Economic Journal found no evidence that cash bail helps ensure defendants will show up in court or prevents crime among those who are released while awaiting trial. The paper evaluated the impact of a 2018 policy instituted by the Philadelphia's district attorney that instructed prosecutors not to set bail for certain offenses. A 2019 court decree in Harris County, Texas, requires most people charged with a misdemeanor to be released without bail while awaiting trial. The latest report from the monitoring team responsible for tracking the impact of this decision, released in 2024, notes that the number of people arrested for misdemeanors has declined by more than 15% since 2015. The number of those rearrested within one year has similarly declined, with rearrest rates remaining stable in recent years. Asked what data Trump was using to support his claim, the White House pointed to a 2022 report from the district attorney's office in Yolo County, California, that looked at how a temporary cashless bail system implemented across the state to prevent COVID-19 outbreaks in courts and jails impacted recidivism. It found that out of 595 individuals released between April 2020 and May 2021 under this system, 70.6% were arrested again after they were released. A little more than half were rearrested more than once. A more recent paper, published in February by the IZA Institute of Labor Economics, also explored the effects of California's decision to suspend most bail during the COVID-19 pandemic. It reports that implementation of this policy 'caused notable increases in both the likelihood and number of rearrests within 30 days.' However, a return to cash bail did not impact the number of rearrests for any type of offense. The paper acknowledges that other factors, such as societal disruption from the pandemic, could have contributed to the initial increase. Many contributing factors It is difficult to pinpoint specific explanations for why crime rises and falls. The American Bail Coalition's Clayton noted that other policies that have had a negative impact on crime, implemented concurrently with bail reforms, make it 'difficult to isolate or elevate one or more causes over the others.' Paul Heaton, a law professor at the University of Pennsylvania who studies criminal justice interventions, had a similar outlook. 'Certainly there are some policy levers that people look at — the size of the police force and certain policies around sentencing,' he said. 'But there's a lot of variation in crime that I think even criminologists don't necessarily fully understand.'
Hamilton Spectator
an hour ago
- Hamilton Spectator
FACT FOCUS: Trump claims cashless bail increases crime, but data is inconclusive
As his administration faces mounting pressure to release Justice Department files related the Jeffrey Epstein sex trafficking case, President Donald Trump is highlighting a different criminal justice issue — cashless bail. He suggested in a Truth Social post this week that eliminating cash bail as a condition of pretrial release from jail has led to rising crime in U.S. cities that have enacted these reforms. However, studies have shown no clear link. Here's a closer look at the facts. TRUMP: 'Crime in American Cities started to significantly rise when they went to CASHLESS BAIL. The WORST criminals are flooding our streets and endangering even our great law enforcement officers. It is a complete disaster, and must be ended, IMMEDIATELY!' THE FACTS: Data has not determined the impact of cashless bail on crime rates. But experts say it is incorrect to claim that there is an adverse connection. 'I don't know of any valid studies corroborating the President's claim and would love to know what the Administration offers in support,' said Kellen Funk, a professor at Columbia Law School who studies pretrial procedure and bail bonding. 'In my professional judgment I'd call the claim demonstrably false and inflammatory.' Jeff Clayton, executive director of the American Bail Coalition, the main lobbying arm of the cash bail industry, also pointed to a lack of evidence. 'Studies are inconclusive in terms of whether bail reforms have had an impact on overall crime numbers,' he said. 'This is due to pretrial crime being a small subset of overall crime. It is also difficult to categorize reforms as being 'cashless' or not, i.e., policies where preventative detention is introduced as an alternative to being held on bail.' Different jurisdictions, different laws In 2023, Illinois became the first state to completely eliminate cash bail when the state Supreme Court upheld the constitutionality of the law abolishing it. The move was part of an expansive criminal justice overhaul adopted in 2021 known as the SAFE-T Act . Under the change, a judge decides whether to release the defendant prior to their trial, weighing factors such as their criminal charges, if they could pose any danger to others and if they are considered a flight risk. Loyola University of Chicago's Center for Criminal Justice published a 2024 report on Illinois' new cashless bail policy, one year after it went into effect. It acknowledges that there is not yet enough data to know what impact the law has had on crime, but that crime in Illinois did not increase after its implementation. Violent and property crime declined in some counties. A number of other jurisdictions , including New Jersey, New Mexico and Washington, D.C., have nearly eliminated cash bail or limited its use. Many include exceptions for high-level crimes. Proponents of eliminating cash bail describe it as a penalty on poverty , suggesting that the wealthy can pay their way out of jail to await trial while those with fewer financial resources have to sit it out behind bars. Critics have argued that bail is a time-honored way to ensure defendants released from jail show up for court proceedings. They warn that violent criminals will be released pending trial, giving them license to commit other crimes. A lack of consensus Studies have shown mixed results regarding the impact of cashless bail on crime. Many focus on the recidivism of individual defendants rather than overall crime rates. A 2024 report published by the Brennan Center for Justice saw 'no statistically significant relationship' between bail reform and crime rates. It looked at crime rate data from 2015 through 2021 for 33 cities across the U.S., 22 of which had instituted some type of bail reform. Researchers used a statistical method to determine if crime rates had diverged in those with reforms and those without. Ames Grawert, the report's co-author and senior counsel in the Brennan Center's Justice Program, said this conclusion 'holds true for trends in crime overall or specifically violent crime.' Similarly, a 2023 paper published in the American Economic Journal found no evidence that cash bail helps ensure defendants will show up in court or prevents crime among those who are released while awaiting trial. The paper evaluated the impact of a 2018 policy instituted by the Philadelphia's district attorney that instructed prosecutors not to set bail for certain offenses. A 2019 court decree in Harris County, Texas, requires most people charged with a misdemeanor to be released without bail while awaiting trial. The latest report from the monitoring team responsible for tracking the impact of this decision, released in 2024, notes that the number of people arrested for misdemeanors has declined by more than 15% since 2015. The number of those rearrested within one year has similarly declined, with rearrest rates remaining stable in recent years. Asked what data Trump was using to support his claim, the White House pointed to a 2022 report from the district attorney's office in Yolo County, California, that looked at how a temporary cashless bail system implemented across the state to prevent COVID-19 outbreaks in courts and jails impacted recidivism. It found that out of 595 individuals released between April 2020 and May 2021 under this system, 70.6% were arrested again after they were released. A little more than half were rearrested more than once. A more recent paper, published in February by the IZA Institute of Labor Economics, also explored the effects of California's decision to suspend most bail during the COVID-19 pandemic. It reports that implementation of this policy 'caused notable increases in both the likelihood and number of rearrests within 30 days.' However, a return to cash bail did not impact the number of rearrests for any type of offense. The paper acknowledges that other factors, such as societal disruption from the pandemic, could have contributed to the initial increase. Many contributing factors It is difficult to pinpoint specific explanations for why crime rises and falls. The American Bail Coalition's Clayton noted that other policies that have had a negative impact on crime, implemented concurrently with bail reforms, make it 'difficult to isolate or elevate one or more causes over the others.' Paul Heaton, a law professor at the University of Pennsylvania who studies criminal justice interventions, had a similar outlook. 'Certainly there are some policy levers that people look at — the size of the police force and certain policies around sentencing,' he said. 'But there's a lot of variation in crime that I think even criminologists don't necessarily fully understand.' ___ Find AP Fact Checks here: . Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
